Nasim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82943 of 2024 Arising Out of PS. Case No.-359 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Nasim Alam Son of Abdul Hafiz @ Hafiz Resident of Village - Saratha, P.S. - Dhaka, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Asif Kalim, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Dhaka P.S. Case No. 359 of 2024 instituted for the offences under Sections 126(2), 115(2), 111(2)(A), 308(6), 317(4), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that when the informant was on his way to the market, some unknown persons accosted him, asked for extortion money and also assaulted him. On raising the alarm by the informant, the petitioner was caught by the local people whereas others managed to flee away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Petitioner never demanded extortion from the informant. It is further

Patna High Court CR. MISC. No.82943 of 2024(3) dt.17-01-2025 2/2 submitted that petitioner was just a passerby and the local people caught the petitioner just because of wrong disclosure made by the informant. Charge-sheet has been submitted in this case. The co-accused person has already been granted bail by this Court vide order dated 16.12.2024 passed in Cr. Misc. No. 84543 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.08.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka P.S. Case No. 359 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T